The coronavirus disease-2019 (COVID-19) has caused shortages of life-sustaining medical resources, and future waves of the virus may cause further scarcity. The Yale New Haven Health System developed a triage protocol to allocate scarce medical resources during the COVID-19 pandemic, with the primary goal of saving the most lives possible, and a secondary goal of making triage assessments and decisions consistent, transparent, and fair. We outline the process of developing the protocol, summarize the protocol, and discuss the major ethical challenges (...) encountered, along with our answers to the challenges. These challenges include (1) the role of age and chronic comorbidities; (2) evaluating children and pregnant patients; (3) racial, ethnic, and socioeconomic disparities in health; (4) prioritization of healthcare workers; and (5) balancing clinical judgment versus protocolized assessments.We conclude with a review of the limitations of our protocol and the lessons learned. We hope that a robust public discussion of such protocols and the ethical challenges they raise will result in the fairest possible processes, less need for triage, and more lives saved during future waves of the pandemic and similar public health emergencies. (shrink)

We reflect, using a vignette, on conceptual tensions and the value judgements that lie behind difficult decisions about whether or not the older person with dementia should return home or move into long-term care following hospital admission. The paper seeks, first, to expose some of the difficulties arising from the assessment of residence capacity, particularly around the nature of evaluative judgements and conceptual tensions inherent in the legal approach to capacity. Secondly, we consider the assessment of best interests around place (...) of residence, which demonstrates significant conceptual tensions. In addition, ‘best interests’ raise issues around the perception of risk and the perceptions of the family and crucially involve the notions of autonomy and trust. Finally, we not only gesture at some practical considerations based on insights from values-based medicine, but also make the suggestion that we require tighter functional assessments of residence capacity coupled with broader judgements about best interests. (shrink)

Two recently published collections of essays—Free Will and Theism, edited by Kevin Timpe and Daniel Speak, and Free Will and Classical Theism, edited by the late Hugh McCann—represent the state of the art in current analytic philosophy and analytic theology with respect to issues at the intersection of the metaphysics of free will and Christian theism that have vexed philosophers and theologians throughout Christian history. Despite a marked imbalance of incompatibilist authors over compatibilist authors in both volumes, the essays in (...) these collections advance the discussion in significant ways, and I indicate some of those ways. (shrink)

As the expansion of the Internet and the digital formatting of all kinds of creative works move us further into the information age, intellectual property issues have become paramount. Computer programs costing thousands of research dollars are now copied in an instant. People who would recoil at the thought of stealing cars, computers, or VCRs regularly steal software or copy their favorite music from a friend's CD. Since the Web has no national boundaries, these issues are international concerns. The contributors-philosophers, (...) legal theorists, and business scholars, among others-address questions such as: Can abstract ideas be owned? How does the violation of intellectual property rights compare to the violation of physical property rights? Can computer software and other digital information be protected? And how should legal systems accommodate the ownership of intellectual property in an information age? Intellectual Property is a lively examination of these and other issues, and an invaluable resource for librarians, lawyers, businesspeople, and scholars. (shrink)

The renaissance of pragmatism in recent decades has stimulated renewed study of the classical pragmatists. Until this volume, F. C. S. Schiller was the only major pragmatist from the classical era whose significant writings remained uncollected for renewed scholarly study. The forty-two pieces in this collection represent Schiller's finest writings. They range across a broad spectrum of specific topics: logic and scientific method, meaning and truth, pluralism and monism, personalism and idealism, metaphysics and values, evolution and religion, and ethics and (...) politics. An introduction to Schiller's life and career, introductory essays to the volume's seven parts, and a bibliography of Schiller's books and essays are also included. (shrink)

This paper consists of commentaries about and the reprint of an autobiographical essay authored by Italian medium Eusapia Palladino and published in 1910. The details of the essay are discussed in terms of the writings of other individuals about the life and performances of the medium. The essay conveys a view of Palladino as a person who has suffered much in life and has a mission to help scientific research into mediumship. Typical of the positive emphasis in autobiographies in general, (...) the medium did not discuss negative aspects of her performances. Due to the fact that the essay appeared during Palladino's visit to New York City in which many authors branded her as a fraud, it may be speculated that the purpose of this autobiography was to elicit sympathy from the American public. While some of the statements that Palladino made about phenomena are consistent with the statements of other authors who have written about her, there are several statements that show alternate or incomplete versions of particular events in her life. The differences suggests that Palladino's essay and other discussions about the medium's life are not reliable when it comes to specific details and to biographical accuracy. (shrink)

C.B. Macpherson's “Possessive Individualist” reading of Locke is one of the most radical and influential interpretations in the history of exegesis. Despite a substantial critical response over the past five decades, Macpherson's reading remains orthodox in various circles in the humanities generally, particularly in legal studies, and his interpretation of several crucial passages has unwittingly been followed even by his sharpest critics within Lockean scholarship. In order to present the definitive rebuttal to this interpretation, and so finally to lay it (...) to rest, I argue that every one of Macpherson's key pieces of textual evidence can be rejected entirely on its own terms; that is, by reference to no more than its immediate context. In this way I contend that fault of the Possessive Individualist reading lies far deeper than mere cherry-picking of the Lockean corpus, but centrally involves misreading, misplacing and misrepresenting the very parts of Locke's work Macpherson cites as evidence for his reading. (shrink)

The eight essays and three responses collected in Rethinking Borders were commissioned from an exciting range of leading younger writers, artists and intellectuals whose work has raised significant questions about the border cultures in ...

In this paper I consider, in connection with dementia, two views of the person. One view of the person is derived from Locke and Parfit. This tends to regard the person solely in terms of psychological states and his/her connections. The second view of the person is derived from a variety of thinkers. I have called it the situated-embodied-agent view of the person. This view, I suggest, more readily squares with the reality of clinical experience. It regards the person as (...) embedded in a history and culture. The human person is also an embodied agent. I contend that this view encourages a more appropriate approach towards the ethical issues that arise in dementia and towards people with dementia. (shrink)

Each chapter heading bears a phrase from a contemporary author, held to incorporate the character of that section of the study under consideration. Chapter 1 carries the title given to early English translations of the Lettres provinciales; chapter 2 recalls the description of Pascall by Boyle and other English scientists; and chapter 3 draws from Kennett's preface to his version of the Pensees. The heading of chapter 4 is from Pope's Essay on Man. The exclamation which introduces chapter 5 concludes (...) an essay in the Gentleman's Magazine for 1789, probably by Boswell; the words for chapter 6 come from a pastoral letter of John Wesley; and chapter 7 represents the verdict of Coleridge. The title of the book itself is derived from the heading to the twenty-first chapter of Kennett's Pensees, which seems to have forecast the essence of the eighteenth-century's perplexity upon the issues raised by Pascal: 'The strange Contrarieties discoverable in Human Nature, with regard to Truth, and Happiness, and many other things.'. (shrink)

Does the content of a physically dangerous job affect the moral permissibility of hiring for that job? To what extent may employers consider costs in choosing workplace safety measures? Drawing on Kantian ethical theory, this article defends two strong ethical standards of workplace safety. First, the content of a hazardous job does indeed affect the moral permissibility of offering it. Unless employees need hazard pay to meet basic needs, it is permissible to offer a dangerous job only if prospective employees (...) have a reason other than hazard pay to choose this job instead of safer alternatives. Second, employers typically cannot justify omitting expensive safety measures by paying employees more, even if employees prefer higher pay to greater safety. Employers offering dangerous jobs must meet these two standards to avoid treating their employees merely as means. (shrink)

Perhaps the change of title says it all. This is the revised edition of Agich’s Autonomy and Long Term Care, which was itself a seminal work. The new title gives us the main drift: if autonomy is important in old age, so too is dependence. Indeed, in the actual world in which Agich is keen to locate his study, autonomy and dependence intermingle as inescapable features of old age for real people. As he says: “Maintaining a sense of autonomous wellbeing (...) is consistent with dependencies on medication or professional care if those dependencies help to maintain a more basic sense of functional integrity in those areas of life that individuals value” .The present book retains and renews its standing as a first rate work in the field of philosophical medical ethics. It aims “to sketch a framework for respecting autonomy in long term care”, rather than to work out practical guidelines . Nevertheless, its strength lies in Agich’s ability to move from the real world of often dependent older people to the philosophical underpinnings of our thinking about how we care for them. In so doing, Agich mounts a powerful attack on what he sees as a prevailing tendency in bioethics. It is the tendency to define autonomy “primarily in terms of a concept of human persons as rational, independent agents and decision makers, who are assumed to be competent and who can be understood without serious reference to society or history” . As he says: “Influenced by liberal theory, autonomy is often treated in bioethics as a concept that primarily applies to the public realm …. (shrink)

Recently, dramatic price increases by several pharmaceutical companies have provoked public outrage. These scandals raise questions both about how pharmaceutical firms should be regulated and about how pharmaceutical executives ethically ought to make pricing decisions when drug prices are largely unregulated. Though there is an extensive literature on the regulatory question, the ethical question has been largely unexplored. This article defends a Kantian approach to the ethics of pharmaceutical pricing in an unregulated market. To the extent possible, pharmaceutical companies must (...) price drugs so that those who genuinely need them can get them without financial ruin. This requirement is an ethical side constraint, like the moral prohibitions on deception and theft, that takes precedence over a business’s interest in maximizing profit. That said, the requirement’s application is sensitive to the need to recoup the costs of research and to produce a return that financially justifies the original investment. It may not be either feasible or desirable for government to attempt to enforce the ethical requirements concerning just pharmaceutical pricing. Either price regulation or subsidy could fulfill government’s obligation to protect patients from being objectionably vulnerable to pricing decisions by private companies. (shrink)

This book presents the first detailed history of the modern passport and why it became so important for controlling movement in the modern world. It explores the history of passport laws, the parliamentary debates about those laws, and the social responses to their implementation. The author argues that modern nation-states and the international state system have 'monopolized the 'legitimate means of movement',' rendering persons dependent on states' authority to move about - especially, though not exclusively, across international boundaries. This new (...) edition reviews other scholarship, much of which was stimulated by the first edition, addressing the place of identification documents in contemporary life. It also updates the story of passport regulations from the publication of the first edition, which appeared just before the terrorist attacks of 9/11, to the present day. (shrink)

The book has three main parts. Part 1, “Painting the Land”, opens by considering the emergence of landscape painting in the West from decorative pictures and then displays the possibilities for the sublime which were opened up when landscape painting per se had finally emerged. The painters who receive the most detailed discussion are Fitz Hugh Lane, Thomas Cole, and John Constable. Casey notes that the recent appearance of landscape painting in Western culture is a local phenomenon, and accordingly (...) ends part 1 with a comparatively brief—but necessary and illuminating—treatment of Northern Sung landscape works from the tenth to twelfth centuries A.D.. The main philosophical concern of part 1 is to make clear what it is that representations of landscapes do, and how the task of relocating the all-encompassing landscape in a restricted representational space navigates among the decorative, the painterly, and the topographic. (shrink)

This is a paperback edition of a major contribution to the field, first published in hard covers in 1977. The book outlines a general theory of rational behaviour consisting of individual decision theory, ethics, and game theory as its main branches. Decision theory deals with a rational pursuit of individual utility; ethics with a rational pursuit of the common interests of society; and game theory with an interaction of two or more rational individuals, each pursuing his own interests in a (...) rational manner. (shrink)

For Swedish visionary Emanuel Swedenborg, God's love and wisdom is the basis for everything that happens in the world, from creation itself to the details of our everyday existence. In this volume, he describes the nature of God and heaven and how they relate to our human existence. This edition is a reprint of an 1885 translation by John C. Ager.

In this article I address the ethical implications of the legal issues the U. S. Supreme Court resolved in New York Times v. Sullivan and its progeny. In a ruling with far-reaching moral implications, the Court addressed truthtelling-journalism's primary ethical directive-and undermined it by favoring other moral principles and social goals. Much of this article focuses on the ethical arguments addressed to the Court in legal briefs that sought rulings that would support fundamental principals of ethical journalism. The creation of (...) actual malice as a legal concept in the Sullivan case owes more to the Court's pursuit of other moral and social values than strict legal reasoning, according to the descriptive theory of pragmatic instrumentalism, which informs this analysis. (shrink)

Dementia affects millions of people throughout the world. Thinking through Dementia offers a critique of the main models used to understand dementia-the biomedical, neuropsychological, and social constructionist. It discusses clinical issues and cases, together with philosophical work that might help us to better understand and treat this illness.

Government’s use of imprisonment raises distinctive moral issues. Even if government has broad authority to make and to enforce law, government may not be entitled to use imprisonment as a punishment for all the criminal laws it is entitled to make. Indeed, there may be some serious crimes that it is wrong to punish with imprisonment, even if the conditions of imprisonment are humane and even if no adequate alternative punishments are available.

Though political philosophers often presuppose that coercive enforcement is fundamental to law, many legal philosophers have doubted this. This article explores doubts of two types. Some legal philosophers argue that given an adequate account of coercion and coerciveness, the enforcement of law in actual legal systems will generally not count as coercive. Others accept that actual legal systems enforce many laws coercively, but they deny that law has a necessary connection with coercion. There can be individual laws that lack coercive (...) sanctions, and it is at least conceptually possible for there to be a legal system that lacks coercive enforcement altogether. This article then examines why most political philosophers and some legal philosophers have been reluctant to treat the conceptual possibility of non-coercive law as significant. (shrink)

It is widely agreed that foreign sponsors of research in low- and middle-income countries (LMICs) are morally required to ensure that their research benefits the broader host community. There is no agreement, however, about how much benefit or what type of benefit research sponsors must provide, nor is there agreement about what group of people is entitled to benefit. To settle these questions, it is necessary to examine why research sponsors have an obligation to benefit the broader host community, not (...) only their subjects. Justifying this claim is not straightforward. There are three justifications for an obligation to benefit host communities that each apply to some research, but not to all. Each requires a different amount of benefit, and each requires benefit to be directed toward a different group. If research involves significant net risk to LMIC subjects, research must provide adequate benefit to people in LMICs to avoid an unjustified appeal to subjects’ altruism. If research places significant burdens on public resources, research must provide fair compensation to the community whose public resources are burdened. If research is for profit, research sponsors must contribute adequately to the upkeep of public goods from which they benefit in order to avoid the wrong of free-riding, even if their use of these public goods is not burdensome. (shrink)